Singapore Democrats

Nair remanded for one week: Will he be put under duress? Print E-mail
Monday, 02 June 2008
Singapore Democrats

Blogger Mr Gopalan Nair has been remanded for one more week because the police want more time for investigations.

Mr Nair was brought to the Subordinate Courts today and charged under the Miscellaneous Offences Act for "insulting a public servant." He was represented by Mr Chia Ti Lik.

Mr Nair, a former Singaporean who stood as a Workers' Party candidate in the 1988 and 1991 elections, fled Singapore in the 1990s and is now a US citizen.

He returned to Singapore last week to attend the hearing of the Lees' defamation suits against the SDP.

He had posted on his blog that Mr Lee Kuan Yew was using the legal system to achieve his political ends. He wrote this in response to Mr Lee's statement that he (Mr Lee) would sue bloggers for posting defamatory remarks if they could be identified.

Mr Nair was arrested on Saturday evening and has been held in police custody since then.

His lawyer argued in court today that it was not proper for the prosecution to continue to detain Mr Nair. Mr Chia said that the police already had the necessary evidence to charge Mr Nair if they wanted to.

They should prefer formal charges against his client immediately and release him on bail. He said that Mr Nair could be called up for investigations if the situation warranted it. The police had impounded Mr Nair's American passport.

When Mr Nair was first brought before the courts this morning, it was decided that he would be released on a $5,000-bail. Activists made arrangements to put up bail for the dissident blogger.

As the day went on, however, there seemed to be confusion on the prosecution side as bail was rescinded and the defendant was held under remand. Lawyer Chia Ti Lik strenuously argued that his client should not be held any longer than necessary.

The police have everything they need to proceed with the case: emails, the blog, the passport, etc, Mr Chia added. It is highly irregular in such cases to continue to hold the defendant in custody.

Mr Nair is accused of sending insulting emails to the Attorney-General and the Solicitor-General, a charge which he denies.

It is a concern that Mr Nair continues to be detained by the police without any right to seeing his lawyer. This is a problem that many criminal lawyers in Singapore have spoke out against. It is a little known fact that accused persons in Singapore have no right to counsel when they are first arrested and interrogated.

To compound the problem, any statement made by the accused under such conditions, including confessions, are admissable as evidence. Such a problem becomes especially salient in death penalty cases where suspects become victims of their own statements made under duress.

In Mr Nair's case. the concern that the blogger could be made to make statements prejudicial to his own defence under duress is very real. The danger of the police using the threat of continued remand against Mr Nair exists.

A group of activists will hold a vigil for Mr Nair tomorrow evening outside the Central Police Station at Cantonment Road. More details of this event will be announced.


 

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Comments (30)
  • CaraBrown - Y is there a need for a judiciary system
    I am speechless! Can also do like that is it ?
  • Claire C
    My Boyfriend studies Law in NUS, but this is not a topic he has studied. in any case, he is under scholarshp.
  • G Chen
    Why should he continue to be in police custody when whatever evidence needed is either at the hands of the AG or are out there accessible by anyone, the public or the government. There is also no chance of him leaving Singapore since his passport has already been impounded. So unless he is deemed as a danger to himself or the public, I do not think putting him on remand is not going to add further weight onto the prosecution’s case unless a confession is really what they are looking for, in which case whatever questioning should then rightfully be done under the presence and counsel of his lawyer.
  • Chew
    Is this charge against Gopalan Nair "for insulting a public servant" even valid in the 1st place? Is Belinda Ang a public servant or is she a FamiLEE servant?

    If she is a public servant, why do I not see her serve the interest of the public but the FamiLEE?

    Does our law covers "insulting a FamiLEE servant"? No? Then why arrest Gopalan Nair in the 1st place and why is he still in remand now?

    And the Singapore Police, are they public servants too? I don't think so. I remember them arresting innocent citizens for practicing their constitutional rights time and time again. I think they are also the FamiLEE servants.

    By remanding Gopalan Nair unnecessarily, can we, the public, be assured of his well being? Will he be pressured to sign statements under duress, deprivation of sleep, hunger, thirst, threats, psychological torture etc.?

    I certainly don't trust the FamiLEE servants, they are not known to keep their words to the public, nor do things for the best interest of the public.

    To public servants reading this. We, the citizens of Singapore pay your salaries through our taxes, the government is just the middle-man handling the distribution, and the top echelon of PAP people takes a big fat cut from it. Please, do the right thing and serve the public, not the FamiLEE.
  • support_lee_huang_di
    What's so irregular about Mr Nair being held under remand? He knew wat to expect when he

    Anyway SPF doing the right thing wat. Just following the ancient traditions like in Qing dynasty China where it's guilty until proven innocent n emperor is always rite.

    I bet SPF Computer Crimes is tracking my router's IP now.

    ALL HEIL THE EMPEROR. DEATH WILL BEFALL ALL WHO DEFAME HIM.
  • Singaporean
    Yes, they do the one week remand thing even to teenagers caught for playing with fire at rubbish bins. No sense of proportion I must say.
  • i get the last laff
    Thank you for sharing Claire C :whistle:
    I studied International Business, no scholarship, I had grants... good enough?

    Back to the topic.
    This is very unfortunate. All their evidence, I assume, can be found in alleged emails to the AG and on his blog. This is the same as when they held the cel phones from the TBT gang, they could've just downloaded the info.

    Furthermore, why has Lee not charged him? Lee was called out, phone ringing, but no one home... instead the judge answers? Am I following this right?

    This falls under U.S. jurisdiction. I will argue this point as such...

    If Nair posted from his room in Broadway that he sells drugs in California, can he be arrested in Singapore? Maybe, afterall is he not on Singapore soil and confessing to being a drug dealer? Should that not be enough evidence to convict and hang him? No of course not.

    Likewise, if Nair made defamatory verbal comments on Singapore soil can he be arrested... yes. He essentially published his views here. However, if Nair "typed" his views from Singapore, but it was "published" in the States, since Blogspot is in the States, and he is a U.S. citizen, he falls under U.S. laws.

    Can you be hung for typing in Singapore, that you sell drugs in California? No. Although you broke Singapore law by confessing you are a drug dealer, you will never be convicted.

    Likewise, Nair will win because although yes he may have broke a Singapore law, he is an American published on a U.S. based server and website all on U.S. soil. Therefore, this case falls under U.S. jurisdiction...cut and dry. The remarks were published in the U.S. If he "verbally" said those remarks here, I would say without question jurisdiction is here.

    Likewise, if you typed in your room at Broadway and published on your blog that you read 17 years, can you be convicted? No.

    People can be arrested for anything, but being charged and then being convicted is a different ballgame.

    ...what do you guys think Singapore or U.S. jurisdiction?
  • c j - Judiciary system? What System?
    This is not at all surprising.
    The law and judiciary system here is deformed, and unqiue in Singapore under this ruling party.
    But I am confident, Nair will be indeed a very bony fish to be easily swallowed.
  • Maximillian Chew - It's obvious they just want to whack him back!!
    Just use a bit of logic and you can see that it's got nothing to do with needing more time (one whole week?) to investigate. For a miscellaneous offence of insult? Usually further forced detention of a week or more is reserved for major crimes like murder or armed robbery.But for written words?
    I suppose the gods are very angry just as in the Chee siblings' case and demand instant retribution not only for their personal satisfaction but to warn others that such offensive words whether spoken or written will not be tolerated but smacked down hard and fast!
    In well-educated but autocratic/despotic countries the saying "The pen is mightier than the sword" is taken literally. I'm sure they have seized his offending pen (now called laptop) and will keep it in their custody longer than his person.
    And all this happening in a first-world democratic nation? Incredible and incredulous....but what to do? It has happened and I'm sorry it has.
  • Super Coward PAP - BULL Shit STRAITS TIMES
    My goodness cannot even pass comments.

    This is worst that Marxism, Communism!

    If they are going to capture Gopalan for what he said then they might as well capture all Singaporeans bec from Kopitiams to Cafes to Hotel lobbys everyone is talking against PAP Junta!

    Call your police to do house to house check lah? Arrest everyone and simply detain as judges like according to Lee's wishes.

    Now he runs away into hiding to Moscow and pretend he is inocent? What a joke?
  • Where is Papa Lee - MM gone into hiding
    [b][/b]Where is Ah Yew - ran away to Moscow. Big Pretender! ST Bullshit said -

    establishing deeper ties with Moscow but real thruth -planning w/SM how to arrest more people and get more money from citizens for their future generations! :woohoo:
  • Mas Selamat's escape danger t - Sue WKS
    If Gopalan is deemed as a danger to himself or the public-

    [b]than where is Mas Selamat?? How come WKS is still at large! Detain him! Sue him![/b] :evil:

    2 sets of laws and Justice in Stinkapore!
  • tunkudon
    tat y LAW = to LEE always win
  • Johnny
    It still amazes me how our courts continue to kowtow to the Lees. We are a first world city arent we? I wonder what's going on in the heads of our public prosecutors and judges whenever they step into court to handle cases like this?
  • tohjohn
    My God!!!

    Justice S'pore style!

    Punishment mete out before being found guilty!!

    Punishment mete out before actual conviction!!

    Where is the justice!!
  • Singa Crew
    I wonder what were they (the Leegime) thinking when they decided to arrest Mr Nair?

    Could it be something like: Let's arrest an American citizen for commenting unfavourably on our judicial system. I am sure that will really earn us respect from the international and local communities.

    Well, judging from the comments on this site and elsewhere in cyberspace, citizens from Singapore to USA really 'respect' the Leegime now.

    Crew
  • lenox
    Gopalan asked to be arrested, he got what he wanted isn't it ?
  • Henry Windgates
    "insulting a public servant"

    Public servant? Is this some kind of a joke? I mean, it's more like a servant to the Lees, in fact.
  • Claire C
    My boyfriend would like to protest but then he won't be able to study in NUS any more. I would like to but I'm not Sgporean.
  • Mike Chan - Yah but, No but......
    To lenox, yes he wanted that but not the 1 week remand without bail. Poor fellow lost touch with S'pore's Penal Code and CPC that our cops here can do that even for a miscellaneous misdemenour of a simple insult! He must have thought it's only for murder and other heinous crimes. In USA yes but not here where insulting the gods, and that includes all the elites in Govt, is rated just as serious as they all have thin skins and get rattled and hurt over verbal/written criticisms and much more abuse and denigration of their integrity.
    Yessiree, as Max Chew said "The Pen is mightier than the sword" here!
  • Farhan - WHAT??
    The police force can do that?? What kind of police is this?? I am very surprised and very disappointed in the treatment of Mr Nair. This has only confirmed the so called democracy that the reigning government has 'spinned' on us.
  • Calvin
    Judiciary system? we have no judiciary system its called the LEE system.
  • ToBeFair - Who is happy and unhappy in Singapore
    Happiness and unhappiness towards a regime is determined by level of income one makes generally. When one make good income, he/she does not want to spend much time talking politics. When one does not make end meets, there will be more anger.

    If you guys are making 200k per month from whatever source you have, you tend to forget all whatever system you have. You tend to think system is terribly good for providing you the opportunity to make money.

    Therefore all statements can be deemed fair or not fair is depending on which angle you are viewing the situation from.

    For those migrants coming from corrupt country like Indonesia, India, etc, they view Singapore as heaven.

    For those migrants from west, some may view Singapore as best place for its security and orderly live.

    What i want to say, never ever think that West is best and Singapore is worst. Also never think that Singapore is best and west is worse.

    All depend on your own situation.

    However, majority always wins despite right or wrong. That's life, my friends.
  • Chew
    Is Lee Kuan Yew a liar? Isn't Lee Kuan Yew insulting all Singaporeans by calling Singapore a democratic country when it is so much in contrast with how he had described democracy? I certainly think that he is not only a liar but also a hypocrite.

    "But we either believe in democracy or we not. If we do, then, we must say categorically, without qualification, that no restraint from the any democratic processes, other than by the ordinary law of the land, should be allowed... If you believe in democracy, you must believe in it unconditionally. If you believe that men should be free, then, they should have the right of free association, of free speech, of free publication. Then, no law should permit those democratic processes to be set at nought, and no excuse, whether of security, should allow a government to be deterred from doing what it knows to be right, and what it must know to be right... " - Lee Kuan Yew, Legislative Assembly Debates, April 27, 1955

    "If it is not totalitarian to arrest a man and detain him, when you cannot charge him with any offence against any written law - if that is not what we have always cried out against in Fascist states - then what is it?… If we are to survive as a free democracy, then we must be prepared, in principle, to concede to our enemies - even those who do not subscribe to our views - as much constitutional rights as you concede yourself." - Opposition leader Lee Kuan Yew, Legislative Assembly Debates, Sept 21, 1955
  • Remember Michael Khoo/Tang Lia
    Anyway remembers what happened to Michael Khoo after he ruled in favour of JBJ years ago ? Demoted / transferred ! And the judge who ruled against JBJ ? Promoted ! Anyone remembers what happened to Tang Liang Hong? Said he made a police report after the nasty accusations by PAP against him. And judged guilty of defamation by our "honourable" judge. Hope people remember come the next election !!!
  • Realist
    Frankly I trust Singapore courts more than American Courts.

    If America is really that good maybe we should have Abu Gharib or Guantanamo type justice.
  • Ted
    This is ridiculous!!!!!! What a loser LKY & his goons are. I'm sure LKY & your goons are reading this. I want to let you know that what a clown you guys are. I am going to start writing blog too after this incident. Incredibly stupid PAP. Even though Nair has became US citizen because of all the unjust treatment he got in Singapore, he still cares and try to speak out for Singapore. Nair you are a true son of Singapore, I salute you!!!
  • Bidadari - Horrible
    I just can't believe my very own eyes, what's going on here, and something needs to be addressed to the whole world to see before it's way too late. Like the infamous Bidadari cemetary that once stood like an oasis in the middle of chaotic Singpore, let this truth be known, and all PAP members must pay a special visit to Singapore Zoo to see how semangs, gibbons, and orang utan are caged :angry: . Perhaps they will get the idea how is it like been caged. This is what we call tak boleh tahan :evil: . Long live democracy.
  • Confuze
    He is remanded to provide them with a very crucial piece of evidence, namely his email to the AG.
  • V.Benedict - re: Who is happy and unhappy in Singapore
    [quote=ToBeFair]Happiness and unhappiness towards a regime is determined by level of income one makes generally. When one make good income, he/she does not want to spend much time talking politics. When one does not make end meets, there will be more anger.

    If you guys are making 200k per month from whatever source you have, you tend to forget all whatever system you have. You tend to think system is terribly good for providing you the opportunity to make money.

    Therefore all statements can be deemed fair or not fair is depending on which angle you are viewing the situation from.

    For those migrants coming from corrupt country like Indonesia, India, etc, they view Singapore as heaven.

    For those migrants from west, some may view Singapore as best place for its security and orderly live.

    What i want to say, never ever think that West is best and Singapore is worst. Also never think that Singapore is best and west is worse.

    All depend on your own situation.

    However, majority always wins despite right or wrong. That's life, my friends.[/quote]

    A reply to ToBeFair

    A long long time ago, majority of the peoples used to think that the world is flat. What should be the true answer, my dear ToBeFair?

    NEVER be brain-washed by PAP Times!
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